George M Cohan and Lerarned Hand 360x1000
Margaret Fuller2 360x1000
2lookingforthegoodwar
5confidencegames
Mary Ann Evans 360x1000
Susie King Taylor2 360x1000
Margaret Fuller3 360x1000
1falsewitness
2jesusandjohnwayne
storyparadox3
11632
2defense
Thomas Piketty1 360x1000
7confidencegames
Mark V Holmes 360x1000
8albion'
6confidencegames
2confidencegames
Brendan Beehan 360x1000
LillianFaderman
Anthony McCann1 360x1000
3defense
6albion
1paradide
1confidencegames
Spottswood William Robinson 360x1000
9albion
Susie King Taylor 360x1000
199
Maurice B Foley 360x1000
George F Wil...360x1000
1theleasofus
Ruth Bader Ginsburg 360x1000
1lafayette
1lauber
Richard Posner 360x1000
1defense
Learned Hand 360x1000
1lookingforthegoodwar
12albion
7albion
3paradise
James Gould Cozzens 360x1000
Edmund Burke 360x1000
1empireofpain
2falsewitness
1madoff
Margaret Fuller 360x1000
Thomas Piketty2 360x1000
1transcendentalist
Samuel Johnson 360x1000
Margaret Fuller4 360x1000
Thomas Piketty3 360x1000
Stormy Daniels 360x1000
1albion
2transadentilist
5albion
Margaret Fuller 2 360x1000
2gucci
399
3theleastofus
storyparadox2
Office of Chief Counsel 360x1000
lifeinmiddlemarch2
3albion
4albion
10abion
Adam Gopnik 360x1000
2lafayette
Gilgamesh 360x1000
1jesusandjohnwayne
Anthony McCann2 360x1000
14albion
499
Maria Popova 360x1000
2trap
Margaret Fuller5 360x1000
Tad Friend 360x1000
13albion
2paradise
AlexRosenberg
lifeinmiddlemarch1
299
1trap
11albion
Lafayette and Jefferson 360x1000
1gucci
4confidencegames
Betty Friedan 360x1000
2albion
2theleastofus
3confidencegames
Margaret Fuller1 360x1000
Storyparadox1
Generally if you can deduct something in computing taxable income, you want to deduct it as soon as possible.  We used to be fanatical about it when money actually earned interest.  Sometimes, though, deductions will provide little or no benefit.  Wouldn’t it be nice to store them up for future use ?  Owners of “unimproved and unproductive real property” can do just that.  They don’t get to use the deductions whenever they feel like, but by adding them to basis, they will benefit when the property is sold.  True, the additional basis will probably be reducing capital gain, but that is better than wasting the deductions.

You convert your deductions into basis by making an election under Code Section 266.  There is something extraordinary about Code Section 266.  Here it is:

No deduction shall be allowed for amounts paid or accrued for such taxes and carrying charges as, under regulations prescribed by the Secretary, are chargeable to capital account with respect to property, if the taxpayer elects, in accordance with such regulations, to treat such taxes or charges as so chargeable.

What is extraordinary is that’s the whole section.  No sub-sections, paragraphs, sub-paragraphs.  A single sentence.  It has been handed down to us virtually unchanged from the 1954 Code, except that in 1977 they cut three words.  We should get that team working on the rest of the Code.

Why would you want to do this ?  There is a good chance that the deductions attributable to unproductive land held for investment will be of little or no current benefit.  You may not have enough itemized deductions to exceed the standard deduction.  The other “carrying charges” are investment expenses subject to the 2% floor. Both investment expenses and real estate taxes are alternative minimum tax preferences.

You can elect to capitalize any of the three classes – interest, taxes or “other carrying charges” on a year by year basis.  It is important that you keep track of what you have elected to capitalize, because the whole point of the exercise is to have the capitalized expenses in your basis, when you sell the property.

Why is this Timely ?

The IRS in Private Letter Ruling 201319008 recently gave a partnership additional time to make the Section 266 election for two years.  Apparently the partners had not been advised of the advantages of the election by their tax professional.  I am not certain how easy it is to get a ruling like this, as there were some other peculiar circumstances cited.  Nonetheless, it reminded me that many people are not aware of the availability of the election, which is actually rather handy.  If you own some raw land, that causes you to go out of pocket each year, you should review whether you are actually getting any benefit from deducting the expenditures.  If you are not, consider electing to capitalize.  If the numbers are significant, you may want to consider applying to be allowed to make the election for earlier years.

You can follow me on twitter @peterreillycpa.